Webster Town Board
September 14, 2023
A workshop meeting of the Webster Town Board was called to order by Supervisor Flaherty at
5:30 p.m. at the Webster Town Board Meeting Room, 1002 Ridge Road, Webster, New York,
with the following officials present:
Supervisor ................................................................................ Thomas J. Flaherty
Councilman .............................................................................. William G. Abbott
Councilman .......................................................................................John J. Cahill
Councilwoman .......................................................................... Patricia T. Cataldi
Councilwoman ........................................................................... Ginny L. Nguyen
Town Attorney ........................................................................... Charles J. Genese
Town Clerk ........................................................................... Dorothy M. Maguire
Department Heads Present:
Town Assessor .................................................................................Donna Komor
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Jared Hirt, Evans Fox Law Firm, appeared before the Town Board to provide a presentation on
the Aircraft, Airports and Heliports Town Law. He stated the objective is for the Town Board to
consider repealing the current Aircraft, Airports and Heliports Town Law or otherwise amend
the Local Law to provide aggrieved residents with an avenue to obtain a Special Use Permit or
similar relief.
Following the presentation, a general discussion took place.
***
Matt Chatfield, Webster Economic Development Alliance (WEDA) Executive Director,
presented the Town Board with a brief overview of WEDA and an update on their current
activities.
Following the presentation, a general discussion took place.
***
Donna Komor, Town Assessor, presented the Town Board with legislative changes to the
Volunteer Firefighter’s and Ambulance Workers Tax Exemption.
After general discussion, the Town Board considered the following Resolution.
Resolution No. 322: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to
schedule a Public Hearing for September 28, 2023 to enact a Local Law amending Chapter 304
of the Code of the Town of Webster (“Taxation”) and to publish the Public Hearing Notice in the
September 20, 2023 edition of the Webster Herald.
WHEREAS, the Town Board has the authority pursuant to Article 2 of the New York State
Municipal Home Rule Law, to adopt and amend local laws, consistent with the New York State
Constitution and general State laws, in relation to their property, affairs or government and in
relation to the powers, duties, qualifications, number and other terms and conditions of
employment of their officers and employees; and
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WHEREAS, the Town Board has the authority granted to local taxing jurisdictions by Real
Property Tax Law Section 466-a — Tax Exemption for Volunteer Firefighters and Volunteer
Ambulance Workers; and
WHEREAS, the Town Board, by Resolution No. 106 of 2022 enacted Local Law #1 of 2022,
granting Tax Exemptions for Volunteer Firefighters and Volunteer Ambulance Workers, in
accordance with the previous Section 466-k; and
WHEREAS, the Legislature of the State of New York has effectively superseded the grant of
authority to grant some exemption(s) by enacting a new 466-a, which continued the grant of
authority previously given, and expanded it, by the enactment of Laws of 2022, Ch.670; and
WHEREAS, the Legislature of the County of Monroe, by enactment of May 9, 2023, approved
for its jurisdiction and on behalf of its constituents, the exemptions as set forth in the newly
amended RPTL 466-a; and
WHEREAS, the authority granted to the local taxing jurisdictions to expand the coverage of the
more recently enacted RPTL 466-a (Laws of 2022, Ch. 670) will operate to supersede the extent
of authority to grant the partial exemption to volunteer firefighters and ambulance workers in the
previously-enacted RPTL 466-k; and
WHEREAS, it is in the public interest to repeal the previous Chapter 304 (TAXATION),
ARTICLE X, and replace it with the more expansive exemptions set forth and authorized by the
more recently enacted RPTL 466-a (Laws of 2022, Ch. 670); and
WHEREAS, it is in the interest of the Town to expand the pool of applicants for the important
positions of volunteer fire and ambulance service workers within the Town, and to enhance the
ability to recruit and retain the volunteers that are the lifeblood of the volunteer fire and
ambulance organizations currently serving the residents of the Town of Webster; and
WHEREAS, it is both in the public interest and required by law that a Public Hearing be held to
consider this proposed addition to the Webster Town Code; and
WHEREAS, it is both in the public interest and required by law that a Public Hearing be held to
consider this amendment and addition to the Code of the Town of Webster Chapter 304:
NOW, THEREFORE, BE IT RESOLVED:
1. That a Public Hearing shall be scheduled and conducted at a meeting of the Town Board of
the Town of Webster to be held at the Town Board Meeting Room, 1002 Ridge Road, in the
Town of Webster on Thursday, September 28, 2023, at 5:30 p.m., to consider a Local Law
expanding the authorization to grant tax exemptions for volunteer firefighters and volunteer
ambulances workers.
2. Such Local Law will be designated as:
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LOCAL LAW NO. 2 OF 2023
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF WEBSTER AS
FOLLOWS:
Section
1. Title.
This Local Law shall be a new Article X under Chapter 304 of the Code of the Town of Webster
entitled “Tax Exemption for Volunteer Firefighters and Volunteer Ambulance Workers”.
Section
2. Purpose and Findings.
It is the purpose of this Local Law to implement the authority granted to local taxing
jurisdictions by Real Property Tax Law Section 466-a — Tax Exemption for Volunteer
Firefighters and Volunteer Ambulance Workers. The Town Board of the Town of Webster
(“Town Board”) finds and hereby determines that New York Real Property Tax Law Section
466-a makes available a tax exemption for volunteer fire and ambulance service workers at the
option of the local municipality. The Town Board further finds and determines the Town of
Webster should exercise said option and implement said tax exemption because it would enhance
the ability to recruit and retain the volunteers that are the lifeblood of the volunteer fire and
ambulance organizations currently serving the residents of the Town of Webster. Recruiting and
retaining sufficient volunteers to serve these important functions is essential to maintaining the
high quality of emergency service in our community and saving its taxpayers the significant
expense of paid staff.
Section
3. Grant of Property Tax Exemption for Volunteer Firefighters and Volunteer
Ambulance Workers.
Chapter 304 of the Code of the Town of Webster, “Taxation” shall be amended by repealing the
current “Article X. Exemption for Volunteer Firefighters and Volunteer Ambulance Workers”
and replace it with a new “Article X Exemption for Volunteer Firefighters and Volunteer
Ambulance Workers” as follows:
Article X. Exemption for Volunteer Firefighters and Volunteer Ambulance Workers.
§ 304-30. Legislative Intent.
The Real Property Tax Law has been amended by the addition of a new § 466-a, which permits
the Town of Webster to grant a partial tax exemption on real property owned by an enrolled
member of an incorporated volunteer fire company, fire department, or incorporated voluntary
ambulance service or such enrolled member, spouse and/or surviving spouse. Said partial
exemption is up to 10% of the assessed value of such property for all Town, part Town, and
special district purposes.
§ 304-31. Grant of exemption.
An exemption of 10% of assessed value of property owned by an enrolled member or such
enrolled member and spouse is hereby granted from taxation with respect to all Town, part
Town, and special district purposes, subject to the requirements set forth in this Article.
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§ 304-32. Eligibility.
Such exemption shall be granted to an enrolled member of an incorporated volunteer fire
company, fire department, or incorporated voluntary ambulance service provided that:
A. The applicant resides in the Town of Webster which is served by such incorporated volunteer
fire company or fire department or incorporated voluntary ambulance service.
B. The property is the primary residence of the applicant.
C. The property is used exclusively for residential purposes; provided, however, that in the
event any portion of such property is not used exclusively for the applicant’s residence but is
used for other purposes, such portion shall be subject to taxation and the remaining portion
only shall be entitled to the exemption provided by this section.
D. The applicant has been certified in accordance with § 304-38 as enrolled member of an: (1)
incorporated volunteer fire company or fire department for at least 2 years, or (2) an
incorporated voluntary ambulance service for at least 2 years.
E. The applicant complies with the requirements of § 304-38.
§ 304-33. Grant of lifetime exemption.
Any enrolled member of an incorporated volunteer fire company, fire department or incorporated
voluntary ambulance service who accrues more than 20 years of active service and is so certified
by the authority having jurisdiction for the incorporated volunteer fire company, fire department
or incorporated voluntary ambulance service shall be granted the 10% exemption as authorized
by this article for the remainder of his or her life as long as his or her primary residence is
located within the Town of Webster.
§ 304-34. Un-remarried spouses of volunteer firefighters or volunteer ambulance workers
killed in the line of duty.
Such exemption may be continued to such deceased enrolled member’s un-remarried spouse if
such member is killed in the line of duty; provided, however, that:
A. Such un-remarried spouse is certified by the authority having jurisdiction for the incorporated
volunteer fire company, fire department or incorporated voluntary ambulance service as unremarried spouse of an enrolled member of such incorporated voluntary ambulance services
who was killed in the line of duty.
B. Such deceased volunteer has been an enrolled member for at least five years.
C. Such deceased volunteer had been receiving the exemption prior to his or her death.
§ 304-35. Un-remarried spouses of deceased volunteer firefighters or volunteer ambulance
workers.
Such exemption may be continued to such deceased enrolled member’s un-remarried spouse;
provided, however, that:
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A. Such un-remarried spouse is certified by the authority having jurisdiction for the incorporated
volunteer fire company, fire department or incorporated voluntary ambulance service as unremarried spouse of a deceased enrolled member of incorporated volunteer fire company, fire
department or incorporated voluntary ambulance service.
B. Such deceased volunteer has been an enrolled member for at least twenty years.
C. Such deceased volunteer and un-remarried spouse had been receiving the exemption prior to
the death of such volunteer.
§ 304-36. Application.
Application for such exemption shall be filed with the assessor for the municipality in which the
property is located on or before the taxable status date on a form as prescribed by the
Commissioner of Tax and Finance.
§ 304-37. Diminution of benefits.
No applicant who is a volunteer firefighter or volunteer ambulance worker who by reason of
such status is receiving any benefit under the provisions of Article 4 of the Real Property Tax
Law on the effective date of this article shall suffer any diminution of such benefit because of the
provisions of this article.
§ 304-38. Certification.
Each incorporated volunteer fire company, incorporated volunteer fire department and
incorporated voluntary ambulance service shall file a notice annually with the Assessor,
certifying its enrolled members with 2 or more years of service, per procedures prescribed by the
Assessor.
Section
4. Severability.
If any clause, sentence, paragraph, subdivision, section, or part of this law or the application
thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be
adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or
judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, paragraph, subdivision, section or part of this law, or in its
application to the person, individual, corporation, firm, partnership, entity, or circumstance
directly involved in the controversy in which such order or judgment shall be rendered.
Section
5. Effective Date.
This local law shall take effect upon filing with the Secretary of State.
3. That the determination of significance under the New York State Environmental Quality
Review Act will be considered at the time of such Public Hearing.
4. That the Town Clerk give notice of such Public Hearing at least five (5) days prior to such
hearing by publishing a copy of this Resolution once in the Webster Herald, the official
newspaper of the Town of Webster, and posting a copy thereof on the Town Clerk’s Bulletin
Board and Town Website.
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Vote on motion:
Supervisor Flaherty .............Aye
Councilman Cahill ..............Aye
Councilwoman Nguyen ......Aye
Councilman Abbott .......... Aye
Councilwoman Cataldi ..... Aye
Motion carried .................. 5-0
***
Town Assessor Komor presented legislative changes to the Partial Tax Exemption for Real
Property of Senior Citizens and the Partial Tax Exemption for Real Property of Persons with
Disabilities and Limited Incomes.
Following the presentation and general discussion it was the consensus of the Town Board not to
take any action on the legislative changes at this time.
***
At 7:03 p.m. Supervisor Flaherty called for an Executive Session.
Resolution No. 323: MOTION by Supervisor Flaherty, seconded by Councilman Abbott, to
enter into Executive Session pursuant to New York State Public Officer’s Law §105(1)(d) to
discuss proposed, pending or current litigation.
WHEREAS, New York State Public Officers Law provides that the Town of Board may enter
into Executive Session to discuss certain subjects or matters:
NOW, THEREFORE, BE IT RESOLVED:
That the Town Board enter into an Executive Session pursuant to New York State Public
Officer’s Law §105(1)(d) to discuss proposed, pending or current litigation.
That the following person was authorized to attend: Charles Genese, Town Attorney.
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
Resolution No. 324: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to
return to Regular Session at 8:04 p.m.
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
There being no further business to come before the Board, the meeting was adjourned at
8:04 p.m.
____________________________
Dorothy M. Maguire, Town Clerk
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